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Abdul Rauf Omar Mohammed Abu Al Qusin
| place_of_birth = Tripoli, Libya | date_of_arrest = | place_of_arrest= | arresting_authority= | date_of_release = | place_of_release= | date_of_death = | place_of_death = | citizenship = | detained_at = Guantanamo | id_number = 709 | group = | alias = Abu Abdul Rauf Zalita | charge = No charge | penalty = | status = Transferred to Albania | csrt_summary = | csrt_transcript= | occupation = | spouse = | parents = | children = }} Abdul Rauf Omar Mohammed Abu Al Qusin is a citizen of Libya who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.list of prisoners (.pdf), US Department of Defense, May 15, 2006 His Guantanamo Internment Serial Number was 709. American intelligence analysts estimate that he was born in 1965, in Tripoli, Libya. Abdul Rauf Omar Mohammed Abu al Qusin was transferred to Albania at the end of February 2010. http://english.aljazeera.net/news/americas/2010/02/201022423250919279.html Combatant Status Review Abu al Qusin was among the 60% of prisoners who participated in the tribunal hearings.OARDEC, Index to Transcripts of Detainee Testimony and Documents Submitted by Detainees at Combatant Status Review Tribunals Held at Guantanamo Between July 2004 and March 2005, September 4, 2007 A Summary of Evidence memo was prepared for the tribunal of each detainee. The memo for his hearing lists the following allegations:Summarized transcripts (.pdf), from Abdul Rauf Omar Mohammed Abu Al Qusin's Combatant Status Review Tribunal - pages 31-32 Summary of Evidence memo A Summary of Evidence memo was prepared for Abdul Rauf Omar Mohammed Abu Al Qusin's first annual Administrative Review Board on 25 May 2005. The following primary factors favor release or transfer The following primary factors favor release or transfer Transcript Al Qusin chose to participate in his Administrative Review Board hearing.Summarized transcript (.pdf), from Abdul Rauf Omar Mohammed Abu Al Qusin's Administrative Review Board hearing - page 127 Legal Action The Center for Constitutional Rights, a legal and educational organization devoted to the protection of human rights both in the United States and abroad, is currently working on two cases on behalf of Al Qusin. Seizure of privileged lawyer-client documents On June 10, 2006 the Department of Defense reported that three captives died in custody. The Department of Defense stated the three men committed suicide. Camp authorities called the deaths "an act of asymmetric warfare", and suspected plans had been coordinated by the captive's attorneys—so they seized all the captives' documents, including the captives' copies of their habeas documents. mirror Since the habeas documents were privileged lawyer-client communication the Department of Justice was compelled to file documents about the document seizures. Abu Abdul Rauf Zalita was one of the captives whose privileged documents were seized. Zalita v. Bush On May 1, 2007 the United States Supreme Court Chief Justice John Roberts stated. regarding Zalita v. Bush: The Center for Constitutional Rights and pro bono counsel filed a habeas corpus petition June 22, 2005 on behalf of Abu Abdul Rauf Zalita (aka Al Qusin) to assure him relief from unlawful imprisonment. President George Bush, the Secretary of Defense, and military commanders of the Joint Task Force – Guantanamo were listed as respondents. This petition was dismissed by the D.C. District Court for lack of jurisdiction, and the government tried to end attorney access to Al Qusin. CCR responded by filing a motion for reconsideration of the district court’s dismissal, arguing that the Al Odah v. United States and Boumediene v. Bush cases being heard by the Supreme Court reopen the jurisdiction issue (as they both address the detainees’ right to fair trial), thus attorney access should continue until the Supreme Court has passed judgment on these cases. On October 5, 2007 the motion for reconsideration was granted, dismissal was vacated, the case stayed pending the results of Al Odah and Boumediene, and counsel access restored. mirror Zalita v. Gates On September 26, 2007 the Center for Constitutional Rights filed a petition to appeal Al Qusin’s Combatant Status Review Tribunal under the Detainee Treatment Act of 2005. The petition was filed in the D.C. Circuit Court of Appeals and the respondent is Secretary of Defense Robert Gates. Preventing Transfer The Jurist reports that Abu Abdul Rauf Zalita faces torture, and possibly, summary execution, if he were returned to Libya. Al Qusin is the first Guantánamo detainee to legally challenge intentions of the US government to transfer him to his native country. If transferred, he has reason to believe he will face human rights abuses. A district court required the government to provide notice 30 days before any intended transfer of Al Qusin to the custody of a foreign government on July 25, 2005. Such intentions were declared by the government in December 2006 and then in February 2007. Al Qusin has expressed well-founded fears that if transferred to Libya he will face torture and persecution. The D.C. District Court granted a motion filed by CCR on February 15, 2007 ordering the government to provide 60 days notice before Al Qusin is rendered to Libya. On February 20, 2007 the government reaffirmed its intention to transfer Al Qusin to Libya. CCR filed a motion in the D.C. District Court in April for a temporary restraining order and preliminary injunction to stop his transfer, arguing that it would violate constitutional and treaty-based rights. Included in the motion Al Qusin’s sworn declaration of his fear of abuse and expert declarations confirming the risk and the ineffectiveness of diplomatic assurances that the Libyan government would not mistreat him. This motion was denied citing the court of appeal’s decision in Boumediene. The appeal to the D.C. Circuit Court of Appeals was also denied for lack of jurisdiction. An emergency application for injunction was filed in the Supreme Court, but denied on May 1, 2007. Al Qusin has a petition for writ of certiorari that was filed on September 21, 2007 and is pending in the Supreme Court to prevent his transfer to Libya prior to the Supreme Court’s judgment on Boumediene and Al Odah, two cases that will resolve some of the questions of rights for the detainees. The petition requests review to determine if he has rights under international human rights treaties and the Fifth Amendment. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. mirror Boumediene v. Bush On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. On July 18, 2008 Gitanjali Gutierrez filed a "Petitioner's status report" on behalf of Abu Abdul Raouf Zalita in Abu Abdul Raouf Zalita v. George W. Bush, Civil Action No. 05-CV-1220. On January 15, 2008, Petitioner filed a Motion for Hearing for Inquiry Concerning Destruction of Evidence Related to CIA Detainee Interrogations. mirror References External links *Return to torture: cleared Guantánamo detainee Abdul Rauf al-Qassim fears return to Libya *Foreign Interrogators in Guantanamo Bay *Abandoned at Guantanamo *The Guantánamo Files: Website Extras (10) – Seized in Pakistan (Part Two) Andy Worthington Category:Libyan extrajudicial prisoners of the United States Category:Living people Category:People from Tripoli Category:1965 births Category:Guantanamo detainees known to have been released